USTR aligns four China Section 301 product exclusions with new HTSUS statistical codes effective July 1, 2026, preserving existing duty-free coverage.

The Office of the U.S. Trade Representative (USTR) has issued a notice implementing conforming amendments to four existing product exclusions under the Section 301 investigation on China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. These changes are driven by the U.S. International Trade Commission’s (USITC) implementation, effective July 1, 2026, of new 10‑digit statistical reporting categories in the Harmonized Tariff Schedule of the United States (HTSUS).

Four specific product exclusions, previously established in the Annexes to 89 FR 46948 (May 30, 2024), 90 FR 23987 (June 5, 2025), 90 FR 42500 (September 2, 2025), and 90 FR 55232 (December 1, 2025), are affected. These exclusions are codified in U.S. notes 20(vvv)(i)(4), 20(vvv)(i)(5), 20(vvv)(i)(6), and 20(vvv)(iv)(4) to subchapter III of chapter 99 of the HTSUS. The underlying policy intent and product coverage of the exclusions do not change; the amendments are solely to align the legal text with the new statistical reporting numbers so that the same products remain covered.

The Annex to the notice specifies that, effective for goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern Standard Time on July 1, 2026, the relevant notes are modified as follows:

• Notes 20(vvv)(i)(4), 20(vvv)(i)(5), and 20(vvv)(i)(6) are each amended to insert language clarifying that the prior coverage applies “through June 30, 2026” and that, effective July 1, 2026, the covered products are described in statistical reporting numbers 8413.91.9039, 8413.91.9046, 8413.91.9059, or 8413.91.9099. These codes fall under heading 8413.91, which generally covers parts of pumps, but the precise product scope is defined by the exclusion text in the cited FR notices and notes.

• Note 20(vvv)(iv)(4) is amended to insert language clarifying that coverage under statistical reporting number 3926.90.9910 applies “prior to July 1, 2026” and that, effective July 1, 2026, the covered products are described in new statistical reporting numbers 3926.90.9915 or 3926.90.9920. These codes are within heading 3926.90, which generally covers other articles of plastics, with the specific excluded products again defined by the original exclusion descriptions.

Importantly, the notice does not change the Section 301 duty rates themselves. The action is purely technical: it preserves the existing product exclusion coverage across a statistical split in the HTSUS. Products that qualified for the exclusions before July 1, 2026 should continue to qualify afterward, provided they are correctly classified under the new 10‑digit statistical reporting numbers and the applicable Chapter 99 exclusion provisions are claimed.

The conforming amendments are effective as of July 1, 2026. U.S. Customs and Border Protection (CBP) will issue separate instructions on entry guidance and implementation. From a compliance perspective, importers of China-origin goods that rely on these specific Section 301 exclusions must:

1) Identify whether their products fall within the scope of the exclusions in U.S. notes 20(vvv)(i)(4), (5), (6), and 20(vvv)(iv)(4), as originally described in 89 FR 46948, 90 FR 23987, 90 FR 42500, and 90 FR 55232.

2) Map any existing 10‑digit HTSUS statistical numbers used for these products to the new numbers 8413.91.9039, 8413.91.9046, 8413.91.9059, 8413.91.9099, 3926.90.9915, and 3926.90.9920, as applicable, ensuring that internal classification databases and ERP systems are updated.

3) Coordinate with customs brokers to ensure that, for entries on or after 12:01 a.m. EST July 1, 2026, the correct combination of Chapter 1–97 HTSUS code, new 10‑digit statistical reporting number, and Chapter 99 exclusion provision is used so that the Section 301 exclusion continues to be applied.

4) Monitor CBP’s forthcoming guidance (referenced in the notice) for any additional procedural or documentation requirements related to claiming these exclusions under the new statistical reporting numbers.

Failure to update classifications and broker instructions could result in Section 301 duties being assessed where exclusions should apply, or in post‑entry corrections being required. Because the change is already effective as of July 1, 2026, importers should confirm that all entries from that date forward are aligned with the updated HTSUS structure and the amended notes.